Rav Yaakov Kaminetsky(Emes LeYaakov Parshas Yechi page 237): A practical example of zealousness which is not based on a correct reading of the halacha is found in the following question. A person has the choice of marrying a Jewish woman who doesn’t observe the laws of family purity or a non‑Jewish woman. Which is preferable? A student who has not properly served an apprenticeship with an experienced posek will say that it is obvious that the person should chose to marry the non‑Jewish woman. That is because sexual relations with a nidah is punished by kares while sexual relations with a non-Jew is only a violation of a negative commandment of the Torah which is not punished by kares. The truth is not this way. Rambam (Hilchos Issurei Bi’ah 12:7-8) states that even though sexual relations with a non-Jewish maidservant is only a rabbinic prohibition he rules that, "This sin [of sexual relations with a non‑Jew] even though beis din does not impose the death penalty should not be viewed as minor because there is a loss associated with it. Contrary to all other sexual transgressions in which the son of the relationship is still his son in every respect and has the status of a Jew – even if the child is a mamzer – but the child from a non‑Jewish mother is not his son as it says in Devarim (7:4): For they will turn away your son from following Me.” That means that the son has been removed from following after G‑d. This activity causes him to attach himself to non‑Jews which G‑d has separated us from them so that we would follow after Him and thus he is rejecting G‑d. “ It is clear from this that the person should choose the relationship with the Jewish woman even though she doesn’t observe the laws of family purity.
Thursday, August 17, 2023
Rav Yaakov Kaminetsky: Bean counting - Non-Jewish woman vs niddah?
Rav Yaakov Kaminetsky(Emes LeYaakov Parshas Yechi page 237): A practical example of zealousness which is not based on a correct reading of the halacha is found in the following question. A person has the choice of marrying a Jewish woman who doesn’t observe the laws of family purity or a non‑Jewish woman. Which is preferable? A student who has not properly served an apprenticeship with an experienced posek will say that it is obvious that the person should chose to marry the non‑Jewish woman. That is because sexual relations with a nidah is punished by kares while sexual relations with a non-Jew is only a violation of a negative commandment of the Torah which is not punished by kares. The truth is not this way. Rambam (Hilchos Issurei Bi’ah 12:7-8) states that even though sexual relations with a non-Jewish maidservant is only a rabbinic prohibition he rules that, "This sin [of sexual relations with a non‑Jew] even though beis din does not impose the death penalty should not be viewed as minor because there is a loss associated with it. Contrary to all other sexual transgressions in which the son of the relationship is still his son in every respect and has the status of a Jew – even if the child is a mamzer – but the child from a non‑Jewish mother is not his son as it says in Devarim (7:4): For they will turn away your son from following Me.” That means that the son has been removed from following after G‑d. This activity causes him to attach himself to non‑Jews which G‑d has separated us from them so that we would follow after Him and thus he is rejecting G‑d. “ It is clear from this that the person should choose the relationship with the Jewish woman even though she doesn’t observe the laws of family purity.
The sick reality of gittin today
A plan was being developed - if you had resisted giving the get - that would have prevented you from seeing your children for many years and you would have been severely beaten and tortured.
Daughters inheriting: Forcing the involvement of secular courts instead of beis din
Judaism and Psychology: Saving a suicidal gay man - by reconcilling him with his estranged lover?
Some related questions. 1) I was asked by a man who was committing adultery to help reduce his anxiety and guilt feelings. 2) A father and adult daughter feel guilty about their incestual relationship 3) A married woman wants to stop feeling guilty about being a prostitute because she really needs the money. 4) An unmarried couple are having shalom bayis problems which interfere with their sexual relations. 5) A teenager has anxiety about a gender change operations and wants therapy to go through with it. 6) Wife wants husband to join group where spouses are switched periodically 7) Abortion doctor wants help overcoming guilt. 8) Doctor has trouble pulling the plug on "brain dead" patients. 8) can a lawyer help a business deal which violates halacha? 9) can a secretary produce a contract for a business deal that violates halacha?
See also Igros Moshe (E.H. IV 87.1) concerning being a shadchan for non-observant couples Also that no rabbi in America can get a job as rav of a shul if he won't marry non-observant couples. He notes that getting paid his is a heter. I don't see a difference between the rabbi who marries couples who he knows won't keep taharas mishpacha and a therapist who promotes shalom bayis in forbidden relationships.
שאלה: יהודי תפוס בבית סוהר האם להשתדל להוציאו משם אף שיעבור בזה על איסור נדה באשתו
ויש להטעים הדבר שבעצם במ"ע קיימא לן (כתובות פו ב) מכין אותו עד שתצא נפשו, ופירשו המפרשים דלפני שעבר גם על ל"ת כופין עד שתצא נפשו למונעו, (עיין בר"ן חולין קל"ב: דגם בל"ת קודם שעבר מכין אותו עד שתצא נפשו כדי שלא יעבור, וכן פשיטא ליה לרע"א בחידושי כתובות פ"ו. דגם בל"ת אמרינן הך דינא דכופין אותו ומיהו הרמב"ן בשיר השירים ד', י"א כתב דרק במצות עשה כופין דחמיר מל"ת ומכין אותו עד שתצא נפשו, משא"כ בל"ת. וכ"נ בקצוה"ח סי' ג' סק"ב במשובב שם). ואם כן כאן אף שסובל במאסר, הלוא ראוי לו לסבול כן שמונעים אותו בכך לעבור על איסורי כרת דנדה שדינו כעריות.
אמנם השאלה שבנידון שלפנינו הוא בתינוק שנשבה שלא נתגדל על ברכי התורה ודינו כאנוס, ועיין בגרש"ז (סוף הלכות ריבית) שאפילו שומע אחר כך דת ישראל עדיין הוא כאנוס הואיל ונתגדל בין הנכרים, ויש לומר כיון שהוא כאנוס איסורו קיל אף שפוגם, ובהדי כבשי דרחמנא למה לן לייסרו במאסר שנים רבות, וכיון שכן אנו מצווין לשחררו שאין דינו כמומר להכעיס, וראוי לשחררו ולהשפיע עליו לחזור בתשובה, ולא נמנע מלהצילו אף שיעבור בזה איסורים, כיון שאינו אלא בגדר אנוס.
ובעיקר הדבר אם מוטל עלינו ליסרו במאסר לכתחילה שלא יכשל באיסור נדה אף שלא ע"י בי"ד ואין ידינו תקיפה יש לתלות במחלוקת הקצוה"ח ונתה"מ בח"מ (סימן ג') אם דין מכין אותו עד שתצא נפשו נאמר רק על בית דין או על כל יחיד, (ועיין יש"ש ב"ק פ"ג סי' ט' דכל אחד מישראל רשאי להכות חבירו ולהפרישו מאיסור עי"ש ובשו"ת חת"ס חו"מ סי' קע"ז) ויש לומר שצריך בית דין שיש בזה גם גדר עונש למונעו וכעין רודף שממיתין אותו שהוא גם בגדר עונש, וכן תלוי אם הא דמכין אותו הוא בגדר עונש וא"כ בשבת אין מכין אותו עד שתצא נפשו שאין עונשין בשבת, עיין מ"ל (פרק כ"ד דשבת) אם מצילין מן העבירה הבא על ערוה בשבת בנפשו של רודף, משום שאין עונשין בשבת ע"ש, אבל לשחררו דומה למאכילו בידים כמ"ש ואסור.
Do talmidei chachomim really insult and belittle each other?
There are explanations that try and show that at least the cases in the Talmud are not what they seem (Chavis Yair). That it wasn't that they insulted each other but they weren't as respectful as they should have been - and they are just judged more severely than others. However there is another approach which understands them as negative as they seem but tries to explain the purpose of the negativity.
Lichvod HaRav shlit"a... I write to you because your Daas Torah volume is gevaldig and I have given it as a gift to numerous people. So I felt I could write to you and maybe get some directions or Mareh Mekomos.
I say some shiurim to yungerleit and one of the issues that has come up a number of times is קינטורים of the Chachomim in the Gemora. eg. at the end of Beitzah where they laughed at Rabbi Abba and many other places in Shass.
===============Besides for the Teshuvos Chavos Yair that the Chofetz Chaim brings at the end of the Sefer is there someone who discusses the issues at length that I could learn?...BeHokoroh VeRagshei Kovod
The simple answer is that Torah learning is based on an adversarial system which involves not only proving that others are wrong but is motivated in part by jealousy and showing that others are not as good or learned or righteous as they seem. [See Berachos (27b) where the Sages are described as warriors. Rashi says that is because they try to defeat each other in halachic discussion.] Furthermore Yuma (86b) says it is a mitzva to publicize the fact that certain talmidei chachomim or tzadikim - are not as big as they appear [publicizing hypocrites]- as can be seen from the sources below.
Berachos (28b) describes a prayer before learning "Our Rabbis taught: On entering what does a man say? May it be Thy will, O Lord my God, that no offence may occur through me, and that I may not err in a matter of halachah and that my colleagues may rejoice in me and that I may not call unclean clean or clean unclean, and that my colleagues may not err in a matter of halachah and that I may rejoice in them." Rashi says that the issue of rejoicing in the mistakes of others is meant literally. [You also might want to read the Seridei Aish's letters which were published by Dr. Marc Shapiro in Torah uMadda Journal ]
In fact the present Bostoner Rebbe told me that this is one of the differences between the Torah learning of Litvaks and Chassidim and why Litvaks are generally better scholars. When Litvaks learn Torah - they learn primarily to determine what is truth. As a result the discussions get heated and each one tries with all his ability to show he is correct and the other is wrong. In contrast Chassidim learn primarily for the sake of the mitzva of Torah learning - to understand what the seforim say - and there is much less heat and emotion.
outdash2
Rav Moshe Feinstein: Honoring Conservative & Reform "Rabbis" with an aliyah?
This fits in with my definition of a gadol, "One whose authority transcends his footnotes." or as Rav Rottenberg of Yeshiva Chofetz Chaim (a close talmid of Rav Moshe) told me, "Some say that Rav Moshe poskened directly from the gemora - I think he poskened from Heaven!"
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Igros Moshe (O. C. 3:21): The issue of honoring heretics - in situations of need – by calling them to the Torah and other honors that are given out in the synagogue. Question: When "rabbis" of the Reform and Conservative movements occasionally come Shabbos to a shul of fully observant Jews, is it correct to give these "rabbis" an aliyah to the Torah? Answer: It is an elementary matter that it is inherently prohibited for these "rabbis" to be called up to the Torah. That is because each aliyah requires a beracha prior to the Torah reading and then a beracha after the reading- and the berachos of these "rabbis" are totally worthless and in fact one should not say amen after them. I have written in my sefer Igros Moshe (O.C. 2:50-51) that since these "rabbis" are heretics – when they mention G-d's name it has no special significance and thus the beracha is being said without shem and malchus at all. Consequently even though the Torah is being read by the reader and the congregation hears the Torah reading – nevertheless it is like a Torah reading without beracha. Reading with a worthless beracha is worse then the situation that existed prior to the institution of saying a beracha before and after each Torah reading. That is because after the decree for each Torah reading to have its own berachos - the beracha prior to the first aliyah no longer applies to subsequent aliyos because the the beracha after his aliyah has been said. Regarding other holy synagogue honors which don't require a beracha and are therefore not inherently prohibited - such as lifting up the Torah (hagba), rolling the Torah up (gelila), talking the Torah out (hotzah), putting it back (hachnasa), opening the ark (pesicha), closing the ark (segira) - nonetheless they should still not be given to heretics and these "rabbis" are heretics. In fact giving them these honors transgresses the prohibition of hypocrisy and flattery (chanifa). Consequently it is not fitting to give them these types of honors - as I have written in Igros Moshe (O.C. 2:51) - and unless there is great need it is prohibited to give them these types of honors. However if there is a great need to honor them – such as the concern that this will lead to disputes in the community and there is concern that there will be loss of funding for tzedaka – then there is a basis to permit the holy honors which don't require a beracha. But they should not get an aliya as I have explained. Regarding non-observant Jews who are not heretics, there is no inherent prohibition of giving them an aliya since they believe in G-d and his Torah but they transgress the Torah from lust – and one should answer amen after their berachos. Nevertheless it is clear that it is not nice to give them an aliyah because that is honoring sinners and therefore one should refrain from this unless there is some need such as a yahrtzeit which there would be concern for disputes or other comparable problems. In contrast these "rabbis" who are actual heretics and transgress the Torah out of spite and they try persuading others to go in their wrong path - their berachos are worthless and it is inherently prohibited to give them an aliyah as I said before.
“being frum or normal”? comments
Hi Reb Daniel,
Hope you are well.
Re “being frum or normal”?
I wanted to share 3 things about Rav Yaakov ZTL (to our generation no last name is needed).
Two are first hand and one heard directly from the person who spoke to RY.
… I attended the chasuna of a close friend, grandson of RY. (You may know R from Midreshet Rachel?)
As I’m sure you know RY was opposed to mechitzas at chasunas.
In deference to that, there was no mechitzah.
There was a circle of men and a circle of women. The distance between them was not huge.
It is etched in my memory seeing RY watching the dancing with a huge smile on his face.
As I believe you said, RY obviously held that not every situation that may bring a challenge must be avoided or banned.
… I personally asked RY if you may accept the hand of a women who extends it in order to avoid embarrassing her.
He did not know me personally and I did not mention that I am in kiruv.
His exact words were , “mitstama mir ken meykel, as zis nor a derech eretz.”
Same principle, I believe.
… I heard directly from a chashuv yungerman in Lakewood (he sadly was niftar and I may the only person that knows this first hand).
He asked RY if it is appropriate for yungerleit to ride bicycles.
He answered, “Absolutely, they need to get exercise.”
And , without being asked, RY went on to say, “the wives should also ride, they also need exercise”.
When the yungerman asked him about tznius?
RY responded, “that’s why they have different bikes for women”.
Same principle.
All the best,
M K
By the way, I often use your Yad Moshe.
I actually want the content publicized as I think it’s a mitzva to preserve these things for posterity, especially given the direction of our Torah world.
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Reb Yaakov himself rode a bike in camp until he was in his 70's because of concern that a fall could lead to broken bones - DT
A Gene-Hacked Pig Kidney Has Worked in a Brain Dead Human for a Month
A genetically engineered pig kidney transplanted into a brain dead man continues to function after 32 days—marking the longest time such a kidney has worked in a human being and another milestone in the emerging field of xenotransplantation (the transplanting of organs from one species to another).
A psychologist's role in religious change - is there one?
Wednesday, August 16, 2023
How to explain Torah & Psychology to kiruv rabbis?
A young man asks, "What qualities to look for in a wife?"
How are you?
update: Regarding your main question. Start studying Igros Moshe (Y.D. I. #90).
Weiss Dodelson: Divorce settlement required the Weiss's to ask me to take down blog posts
Our family greatly appreciates your standing up for Torah, halachah and your convictions in supporting Avrohom Meir Weiss and our family throughout these past many months.
We are very well aware that you are completely independent from our family, and that you took up this cause on on your own, as a matter of conscience.
However, as a preclude to the get, the two parties entered into a mutual consent order, and we committed to request that you remove any references to this dispute from your website.
We respectfully request that you do so.